YardBird

Terms of Service

These Terms of Service (“Terms”) govern access to and use of YardBird, including YardBird applications, websites, customer-facing estimate and invoice pages, subscription services, and related features (“YardBird” or the “Service”). By checking the acceptance box and selecting Accept & continue, you agree to these Terms and acknowledge the Privacy Policy.

1. Eligibility and business use

YardBird login accounts are for adults age 18 or older and are intended for landscaping and field-service business use in the United States at launch. You must be legally capable of entering a binding agreement and authorized to act for the business whose workspace you create or access. Businesses may maintain lawful roster records for workers who do not have login access, but users under 18 may not hold a YardBird login account at launch.

2. Accounts, seats, and security

You must provide accurate account information, keep credentials secure, and promptly address unauthorized access. Each person with YardBird app access should use their own authorized sign-in. The Primary Owner controls the YardBird business account and is responsible for seat assignments, roster access, and authorized users. YardBird may restrict access when reasonably necessary to protect the Service, other users, customer data, or payment systems.

3. YardBird’s role

YardBird provides software for managing business records and workflows. YardBird is not the landscaper, contractor, employer, customer, or party to the underlying service agreement between a YardBird business and its customers. The business using YardBird is responsible for its estimates, work quality, scheduling, permits, licensing, employment practices, customer communications, warranties, refunds, and legal obligations.

4. Trials, subscriptions, seats, and cancellation

YardBird may offer preview access, a free trial, and paid subscription plans based on Owner, Executive, Field, or other seat types. Current prices, billing dates, seat quantities, and applicable trial terms are presented in YardBird before subscription changes are confirmed. YardBird SaaS subscriptions renew according to the billing terms shown at checkout until canceled.

Mobile companion apps may allow a subscriber who obtained access elsewhere to sign in and use YardBird and may display subscription information without offering mobile SaaS subscription purchase, upgrade, cancellation, or seat-purchase controls. Available web account management may be used to manage YardBird SaaS billing where offered.

Except where required by law or expressly stated otherwise, fees already charged are non-refundable. Seat reductions or cancellation may take effect according to the effective date displayed in the Service. Failure to maintain an active subscription may move the workspace into trial, grace, read-only, or other limited access described in YardBird.

5. Taxes on YardBird fees

YardBird subscription prices may be subject to sales, use, data- processing, or similar taxes. Unless the Service expressly states that tax is included, displayed prices are exclusive of taxes that YardBird is legally required to collect. YardBird may calculate, collect, and remit applicable taxes on YardBird fees. A business remains responsible for taxes arising from its own landscaping operations and customer transactions, while YardBird remains responsible for taxes the law places on YardBird as the seller/provider.

6. Customer payments and Stripe

A YardBird business may choose to connect Stripe for payments from its own customers for real-world landscaping or field services. Stripe, not YardBird, processes payment-card details and provides the underlying payment infrastructure. The YardBird business remains responsible for the goods or services sold, customer disputes, refunds, taxes, chargebacks, and compliance obligations associated with those payments. Stripe’s separate terms and policies apply to Stripe services.

7. Estimates, invoices, links, email, and messaging

YardBird can create and send estimates, invoices, payment links, and token-protected customer pages. You are responsible for verifying recipient details and the accuracy and legality of anything sent through YardBird. Delivery of email, SMS, payment, or other third-party communications cannot be guaranteed. “Text secure link” opens the device’s ordinary messaging composer; the user chooses whether to send the message.

8. User Content and customer data

You retain your rights in business records, photos, customer information, and other content submitted to YardBird (“User Content”). You grant YardBird a limited license to host, process, transmit, display, copy, and otherwise use User Content only as reasonably necessary to operate, secure, support, and improve the Service and comply with law.

You represent that you have the rights, notices, permissions, and lawful basis needed to enter, upload, store, and communicate User Content, including customer and team/roster information. You are responsible for using YardBird in accordance with privacy, employment, consumer- protection, recordkeeping, marketing, tax, licensing, and other laws that apply to your business.

9. Data-processing relationship

For personal data that a YardBird business places in its workspace on behalf of its customers, workers, or other individuals, and to the extent applicable law treats the business as a controller/business and YardBird as a processor/service provider, the business instructs YardBird to process that data for the purpose of providing, securing, maintaining, and supporting the Service.

In that role, YardBird will process the data consistently with the business’s use of the Service and these Terms; require appropriate confidentiality from persons authorized to process it; use service providers/subprocessors as reasonably necessary to provide the Service; provide reasonable assistance with qualifying privacy requests and compliance obligations; and delete or return data upon account deletion or termination subject to the retention exceptions described in the Privacy Policy and applicable law. Additional data-processing terms may be made available if required for a larger customer or particular law.

10. Privacy rights

YardBird’s Privacy Policy explains privacy practices and U.S. state-law rights that may apply. Where applicable law gives an individual non-waivable rights, nothing in these Terms is intended to waive or limit those rights.

11. Acceptable use

You may not use YardBird to:

• break the law, facilitate fraud, impersonate another person, or mislead customers;
• upload malware, interfere with security, probe unauthorized systems, or disrupt the Service;
• access another business’s data without authorization;
• send unlawful spam, deceptive payment requests, or content that infringes third-party rights;
• reverse engineer or exploit the Service except where applicable law expressly permits it.

12. Third-party services

YardBird depends on third-party services such as Firebase/Google, Stripe, email infrastructure, operating-system messaging, app stores, and device platforms. Those services may have separate terms, privacy policies, availability limits, or eligibility requirements. YardBird is not responsible for a third party’s independent service or outage.

13. Availability, maintenance, and changes

YardBird may maintain, update, add, remove, or change Service features. We aim to provide a reliable service but do not promise uninterrupted, error-free, or permanently available operation. Users should maintain business records and backups appropriate for their own legal and operational needs.

14. Intellectual property

YardBird, including its software, branding, interfaces, design, and related intellectual property, is owned by Joseph Bailey or applicable licensors. These Terms provide a limited, revocable, non-exclusive, non-transferable right to use the Service for authorized business purposes; they do not transfer ownership of YardBird intellectual property.

15. Suspension, cancellation, and account deletion

You may stop using YardBird and may permanently delete an eligible account using the in-app deletion flow or the external account-deletion process. YardBird may suspend or terminate access for material breach, fraud, security risk, nonpayment, unlawful use, or when required by law. Sections that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, limitations, indemnity, and dispute provisions—survive termination.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDBIRD IS PROVIDED “AS IS” AND “AS AVAILABLE.” IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YARDBIRD DOES NOT WARRANT THAT ESTIMATES, PRICING CALCULATIONS, TAX SETTINGS, SCHEDULES, PAYMENT STATUS, OR OTHER BUSINESS OUTPUTS ARE LEGALLY, FINANCIALLY, OR OPERATIONALLY CORRECT FOR YOUR PARTICULAR BUSINESS.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDBIRD AND JOSEPH BAILEY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID TO YARDBIRD FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

Some jurisdictions do not allow certain exclusions or limitations, and mandatory statutory rights cannot be waived by these Terms. In those jurisdictions, the limitations apply only to the maximum extent allowed.

18. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold YardBird and Joseph Bailey harmless from third-party claims, damages, liabilities, and reasonable costs arising from your User Content, your landscaping or field-service business, your customer relationships, your violation of law, or your material breach of these Terms.

19. Governing law

These Terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law principles. This choice of law does not deprive you of mandatory rights or protections that applicable law does not permit you to waive.

20. Electronic agreement and acceptance records

You agree that electronic acceptance of these Terms is legally effective to the extent permitted by law. YardBird records acceptance by individual Firebase user, including policy versions, account identifiers, email, acceptance source, and a server timestamp. YardBird also retains prior acceptance-version history so a later policy update does not erase evidence of earlier versions.

21. Changes to these Terms

YardBird may update these Terms as the Service or legal requirements change. The version and effective date above identify the current Terms. When an update requires renewed acceptance, each individual YardBird login user may be required to accept the updated version before accessing the workspace.

22. Contact

YardBird is operated by Joseph Bailey, a Texas sole proprietor.
Questions about these Terms: yardbird.service@gmail.com
Website: yardbird-services.com